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KASEBERG v. DAVIS WRIGHT TREMAINE, LLP

(CC 071113766; CA A141824; SC S059154).

265 P.3d 777 (2011)

351 Or. 270

Darell KASEBERG, Petitioner on Review, v. DAVIS WRIGHT TREMAINE, LLP, a Washington limited liability partnership, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided November 10, 2011.

Attorney(s) appearing for the Case

Paul R. Rundle , The Rundle Law Firm, Vancouver, Washington, argued the cause for petitioner on review. Daniel Lindahl , Lindahl Law Firm, PC, Portland, argued the cause and filed the petition for petitioner on review. With him on the petition was Paul Rundle.

Xin Xu , Kennedy , Watts , Arellano & Ricks LLP, Portland, argued the cause and filed the brief for respondent on review.

Michael A. Greene , Portland, argued the cause for petitioner on review and filed a brief for amicus curiae Oregon Trial Lawyers Association.

WALTERS, J.

In this legal malpractice case, we apply the "discovery rule" and decide that the trial court erred in concluding, on defendant's motion for summary judgment, that plaintiffs claim was time-barred.

We state the facts adduced by the parties on summary judgment in the light most favorable to plaintiff, the nonmoving party. Hampton Tree Farms, Inc. v. Jewett, 320 Or. 599, 613, 892 P.2d 683

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